JUDGMENT :

D. DASH, J.

1. The Appellants, by filing this Appeal under Section 100 of the Code of Civil Procedure (for short ‘the Code’) seek to assail the judgment and decree passed by the learned District Judge, Jajpur in RFA No. 27 of 2010.

2. By the said judgment and decree, the First Appellate Court has set aside the judgment and decree passed by the Trial Court in dismissing the suit. The First Appellate Court having allowed the Appeal in part has restrained these Appellants permanently from making any construction over the suit land and cause any obstruction in its user as passage with further direction to remove the brick wall and fence constructed thereon the said suit land. When the unsuccessful plaintiff had carried the First Appeal now, this Second Appeal has been filed by the Defendants who have suffered from the judgment and decree passed by the First Appellate Court.

3. In order to bring in clarity and avoid confusion; the parties hereinafter have been referred to as per their position assigned as would have been so assigned had the event taken place during suit.

4. The Plaintiff’s case is that the suit land stands jointly recorded in his name as also others including Defe